C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 6Mandatory etc Custodial Sentences for Certain Offences

F1Required or discretionary sentences for particular offences

Annotations:
Amendments (Textual)

I1I2223“The required opinion” for purposes of sections 219 to F3221A

1

“The required opinion” for the purposes of sections F2219(1),F4 219A(1), 221(1) and F5221A(1) is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

a

further specified offences; or

b

further acts or omissions that would be specified offences if committed in England or Wales.

2

For the purposes of the court's decision whether it is of that opinion, F6subsections (2) and (3) of section 308 of the Sentencing Code apply as they apply for the purposes of the assessment referred to in F7subsection (1) of that section.

F83

In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act.

4

In this section—

  • “serious harm” has the meaning given by F9section 306 of the Sentencing Code;

  • “specified offence” has the meaning given by that section.